By Tillery H.B. No. 1023
75R2623 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the records of an overturned disciplinary action or an
1-3 unsustained complaint against fire fighters and police officers in
1-4 certain municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 143, Local Government Code,
1-7 is amended by adding Section 143.058 to read as follows:
1-8 Sec. 143.058. RECORDS OF OVERTURNED DISCIPLINARY ACTION OR
1-9 UNSUSTAINED COMPLAINT. (a) The department head shall promptly
1-10 order that the records of a disciplinary action taken against a
1-11 fire fighter or police officer be expunged from each file
1-12 maintained on the fire fighter or police officer by the department
1-13 if the disciplinary action was overturned on appeal by the
1-14 commission, an independent third-party hearing examiner, or a court
1-15 of competent jurisdiction. Documents that must be expunged under
1-16 this subsection include all documents that indicate disciplinary
1-17 action was recommended or taken against the fire fighter or police
1-18 officer, such as the recommendations of a disciplinary committee or
1-19 a letter of suspension. This subsection does not apply:
1-20 (1) if the disciplinary action was only reduced and
1-21 not overturned; or
1-22 (2) if the fire fighter or police officer is charged
1-23 with using excessive force that resulted in a death or injury and
1-24 the charge is being investigated by a law enforcement or criminal
2-1 justice agency other than the department.
2-2 (b) The department shall maintain an investigatory document
2-3 that relates to a disciplinary action against a fire fighter or
2-4 police officer that was overturned on appeal, or any document in
2-5 the possession of the department that relates to a charge of
2-6 misconduct against a fire fighter or police officer that the
2-7 department did not sustain, only in a file created by the
2-8 department for the department's use. The department may not
2-9 release those documents to any agency or other person except
2-10 another law enforcement agency or fire department.
2-11 (c) The requirements of this section are in addition to the
2-12 requirements of Section 143.089.
2-13 SECTION 2. Section 143.1214, Local Government Code, is
2-14 repealed.
2-15 SECTION 3. This Act takes effect September 1, 1997.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.